McCohen and McCohen (Child support)

This matter concerned an appeal by the liable parent, Mr McCohen, against a departure determination made by the Registrar of Child Support. The dispute centred on whether the Registrar had correctly considered the income, property, and financial resources of Mr McCohen when making the determination to depart from the standard child support assessment.

The primary legal issue before the court was whether the Registrar had erred in law by failing to adequately consider all relevant financial information pertaining to Mr McCohen, and consequently, whether the departure determination was justified. The court was required to assess whether the Registrar's decision was reasonable and supported by the evidence presented regarding Mr McCohen's financial position.

The court reviewed the evidence and the Registrar's decision-making process. It was found that the Registrar had indeed considered the relevant financial information, including Mr McCohen's income, property, and financial resources, as required by the legislation. The court affirmed that the Registrar had a discretion to depart from the formula assessment where it would be just and equitable to do so, having regard to the specific circumstances of the case. The court concluded that the Registrar had exercised this discretion appropriately, and the departure determination was upheld.